Ala. Admin. Code r. 400-8-1-.12

Current through Register Vol. 43, No. 3, December 31, 2024

Section 400-8-1-.12 - [Effective 1/11/2025] Consent of Owners of Storage Rights for Carbon Dioxide; Amalgamation and Pooling of Owners of Storage Rights

Pursuant to Section 9-17-162 of the Code of Alabama (1975), as amended:

1. A storage operator shall make a good faith effort to obtain the consent of all persons that own a storage facility's pore space and storage rights for carbon dioxide.

2. A storage operator shall obtain the consent of persons that own not less than sixty-six and two-thirds (66 2/3) percent of a storage facility's pore space and storage rights for carbon dioxide.

3. Upon a storage operator obtaining the consent of persons that own not less than sixty-six and two-thirds (66 2/3) percent of a storage facility's pore space and storage rights for carbon dioxide, the Board, after providing notice and a public hearing, may enter an order to amalgamate and pool the pore space and storage rights for carbon dioxide owned by non-consenting owners into the storage facility on terms that are just and reasonable as determined by the Board.

4. All non-consenting owners of a storage facility's pore space and storage rights for carbon dioxide shall be fairly and equitably compensated.

Ala. Admin. Code r. 400-8-1-.12

Adopted by Alabama Administrative Monthly Volume XLIII, Issue No. 02, November 27, 2024, eff. 1/11/2025.

Author: S. Marvin Rogers

Statutory Authority: 9-17-150 et seq. of the Code of Alabama (1975)